KHAKHAN SINGH Vs. RAM ISHWAR SINGH

JUDGEMENT

(1.) This is a Letters Patent appeal from the decision of a learned Judge of this Court in a second appeal. The plaintiffs and the defendants are cosharer landlords in mauza Ramcharanpore Gorakhi and are admittedly in possession of specific plots of bakasht lands.

(2.) Some time ago the plaintiffs gave to the defendants H decimals of bakasht lands for building a zenana house, and on 2 December, 1985, the defendants executed a deed of exchange by which they declared the plaintiffs right to be in possession of 50 decimals of land in exchange for the land which they had previously given to the defendants. From the recitals in the deed it appears that out of 50 decimals of land there was a house on 3 decimals, and it was also stated in the deed that the claimant should enter into possession and occupation of the property given to him in exchange, bring it under his cultivation, take up his abode in the house and continue to enjoy the same for all time.

(3.) In 1937 the plaintiffs brought the suit which has given rise to this appeal, and in this suit they stated, among other things, that after the exchange (the transaction to which reference has already been made) the plaintiffs had let out the house standing on 3 decimals of land to the defendants on a monthly rent of Rs. 10 per month, and as the defendants had not paid the rent for the house they were compelled to bring the suit.